beta
(영문) 춘천지방법원 원주지원 2015.08.12 2015고단462

교통사고처리특례법위반

Text

Defendant shall be punished by imprisonment without prison labor for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a e-sports cargo vehicle B.

On May 11, 2015, at around 14:30, the Defendant, at the Myeongwon-gun, proceeded with the three-lane roads of the 164.9km located in the Young-dong Highway (Yung bank) Myeong-ri, which are located in the Jidong-ri, Seog-ri, Incheon, along the two-lanes from the Incheon bank to the Jung bank.

Since its location is an expressway, there was a duty of care to maintain a safety distance for those engaged in driving of motor vehicles, and to operate safely by accurately operating the steering and brakes.

Nevertheless, the Defendant neglected to drive stroke while driving, and was driving D 25.5 tons of truck truck truck freight in front of the Defendant’s right side of the above liquid sports freight vehicle, which is driven by C in front of the Defendant’s running direction.

Ultimately, the Defendant caused the death of the victim E (the age of 54) who was accompanied by the Defendant’s above liquid sports cargo due to occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Protocol of inspection;

1. Application of the traffic accident report (1) (2) photograph, body postmortem examination report, and the Acts and subordinate statutes governing dives and photographs;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Although there was a serious result of the victim's death due to the negligence of the defendant's reason for sentencing under Article 62-2 of the Criminal Act, the punishment as ordered shall be determined in consideration of the fact that the victim is the wife of the defendant's vehicle, the defendant's primary offender and reflects the defendant, and the bereaved family does not want the victim's punishment.